Terms of Use for HouseAmp Services
HouseAmp Inc.
BINDING CONTRACTUAL TERMS
By using the website of HouseAmp Inc. (together with its affiliates, "HouseAmp"), or by downloading or using our mobile applications, including all Content (as defined below), available through Apple’s App Store, iTunes Store or the Google Play Marketplace or by accessing the Services (as defined below), You signify that: (i) You have read and You understand these terms and conditions (“Terms of Use”); and (ii) these Terms of Use have the same force and effect as a signed agreement on paper.
“YOU” DEFINED; YOUR STATUS; TERMS OF USE APPLY TO OTHER AGREEMENT
HouseAmp offers the Services that are subject to these Terms of Use, as well as other financial products or services, to various types of persons. Under these Terms of Use, the term “You” is defined, and each person that uses any part of the Services is bound, as follows:
(i) Homeowner: In the case of an individual person acting for his or her own purposes (“Homeowner”), which purposes shall not be limited to any activity primarily for personal, family, or household purposes, “You” means the Homeowner that: (a) uses the Services; or (b) obtains, or seeks to obtain, from us any financial product or service offered or provided by us. Homeowner may use the Services in conjunction with any financial product or service offered or provided by us, and, if so, then the Homeowner and HouseAmp shall be bound by each agreement, therefore.
(ii) Real Estate Pro: In the case of an individual person who is engaged in any activity relating to real estate sales or brokerage (“Real Estate Pro”), “You” means Real Estate Pro that uses the Services. Real Estate Pro who is bound to these Terms of Service hereby represents and warrants to HouseAmp that, at all times that Real Estate Pro uses the Services, Real Estate Pro shall: (a) only act within the scope of Real Estate Pro’s business; and (b) only use the Services in connection with Real Estate Pro’s business relationship with Homeowner.
(iii) Service Provider: In the case of an individual person who is engaged in any activity relating to any building trade, construction, staging, or any activity relating to presentation or home improvement of real property (other than real estate sales or brokerage) (“Service Provider” or “Service Pro”), “You” means Service Provider that uses the Services. Service Provider may use the Services in conjunction with any product or service offered or provided by HouseAmp, and, if so, then the Service Provider and HouseAmp shall be bound by each agreement therefore. Service Provider who is bound to these Terms of Service hereby represents and warrants to HouseAmp that, at all times that Service Provider uses the Services, Service Provider shall: (a) only act within the scope of the Service Provider’s business; and (b) only use the Services in connection with the Service Provider’s business relationship with a Homeowner. Important: Service Providers should refer to “Payment and Fees” below for information about transaction fees.
Relationship to Other Agreement. In the case of Homeowner or Service Provider, You acknowledge and agree that these Terms of Use, in effect as of the date You last access or use the Services, shall apply to any other agreement or contract that You have entered into with us. In the event of any conflict between these Terms of Service and any other agreement between You and us, that other agreement (and not these Terms of Use) shall govern, but only to the extent of that conflict.
SERVICES
(i) In General: Each of the Services is, or collectively are, the services provided by, or hosted by, one or more of the HouseAmp entities. The Services include: (i) the provision of HouseAmp’s websites (each “HouseAmp’s Site” or a “Site”); (ii) the mobile application of HouseAmp (“HouseAmp’s App”); (iii) subject to applicable qualifications and to HouseAmp’s approval (which HouseAmp may, in its sole discretion, determine), the provision of any account (a “HouseAmp Account”); and (iv) any financial product or service offered, or provided, by us, which product or service may be obtained (but is not required to be obtained) in connection with any of the Services described in clauses (i) through (iii). The Services or any HouseAmp Account vary depending on if You are a Homeowner, Real Estate Pro, or Service Provider. For a Homeowner, the Services, including the HouseAmp Account, may be used separately or in combination with one or more of our loan products, EFT services (e.g., transactions for electronic payments), or other financial products and services as may, from time to time, be offered or provided by us. You affirm that You are at least 18 years of age and are fully able and competent, in accordance with applicable laws and regulations, to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Use, and to abide by and comply with these Terms of Use. You also affirm You have not been previously suspended or removed from the Services.
THESE TERMS OF USE INCLUDE OUR TREATMENT OF YOUR NONPUBLIC PERSONAL INFORMATION, OR OTHER PERSONAL INFORMATION, WHICH IS GOVERNED BY THE HOUSEAMP PRIVACY NOTICE.
BEFORE ACCESSING OR USING THE SERVICES, PLEASE CAREFULLY READ HOUSEAMP’S PRIVACY NOTICE, WHICH IS PART OF THIS AGREEMENT. ACCESSING, DOWNLOADING, OR USING ANY PART OF THE SERVICES INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF USE AND THAT PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THE TERMS OF USE AND THAT PRIVACY POLICY, DO NOT ACCESS OR USE THE SERVICES, AND DELETE ANY DOWNLOADED APPLICATIONS AND MATERIALS.
ARBITRATION NOTICE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE, YOU AND WE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND WE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The term “Your Credentials” means any or all, when used collectively, of the
1. account number that HouseAmp assigns to You, (ii) any email address or user name that You select to access or use the Services, or (iii) any password or other code that You select to access or use the Services.
2. For Real Estate Pro or Service Provider: The Services are each or collectively the services provided to Real Estate Pro or to Service Provider, which Services may be offered or provided upon approval or other authorization of the Homeowner who has a separate account or relationship with Real Estate Pro or Service Provider. You, each as Real Estate Pro or Service Provider (as the case may be), may apply for and obtain a HouseAmp Account, and in doing so, You represent and warrant that: (a) You shall use the Services only in connection with Your own products or services offered or provided to Homeowner, who separately is authorized to use the Services; (b) You shall not represent, directly or indirectly, to any person, including any Homeowner, that You are (1) affiliated in any way with HouseAmp or (2) compensated in any way by HouseAmp; and (c) You shall not, for or on behalf of HouseAmp, intend to advertise or describe any term, condition, benefit, or cost of any of HouseAmp’s products or services (including the Services) to any Homeowner, except that the restrictive covenant in this clause (c) shall not apply to (1) a general description You may make to a person regarding the nature of HouseAmp’s lines of business or (2) reference to any person of marketing materials authorized by or directly issued by HouseAmp, including HouseAmp’s Site. (d) You further acknowledge and agree that any breach of any of Your representations or warranties set forth in this section of the Terms of Use shall be cause for HouseAmp to terminate, immediately and with no duty to notify You in advance, of (1) Your use of the Services, (2) Your use of Your HouseAmp Account, or (3) any other agreement or contract between You and HouseAmp, except if another remedy for HouseAmp is expressly provided in such other contract or agreement.
3. For Real Estate Pro: Without limiting any of Your representations or warranties set forth in this section, You further acknowledge and agree that HouseAmp permits You to use the Services, including use of Your HouseAmp Account, only for the purposes of (a) enabling HouseAmp to offer or provide the Services to Homeowner (who is HouseAmp’s customer) and (b) affording accommodation to You, as authorized or otherwise permitted by Homeowner. You expressly acknowledge and agree that the Services, including Your HouseAmp Account, is provided to You without charge and nothing in Your use of the Services involves, directly or indirectly, any kind of exchange or transfer of anything of value.
4. Reservation of Rights: HouseAmp reserves the right to modify or discontinue the Services (or any portion of the Services), temporarily or permanently. HouseAmp shall notify You in advance of HouseAmp’s election to exercise its right to discontinue the Services. HouseAmp shall not be liable to You or any third party in the event that HouseAmp exercises its right to modify or discontinue any portion or all of the Services.
HouseAmp may, in its sole discretion, change these Terms of Use at any time. If we materially change these Terms of Use, we will let You know by showing the revised Terms of Use to You when You access the Services. We also might (but may not be required to) send You an email notifying You of the revised Terms of Use. In notifying You about any change to these Terms of Use, we will use the email address You have on file with us, and we shall not be liable for resending any returned email so long as we use the email address on its file.
HOUSEAMP COMPENSATION FROM SERVICE PROFESSIONALS
HouseAmp may, from time to time, engage in one or more arrangements or contracts with Service Provider. Under the terms and conditions of HouseAmp’s arrangement or contract with Service Provider, HouseAmp may receive fees or compensation for one or more services that HouseAmp provides to Service Provider. Any fee or compensation that Service Provider owes or pays to HouseAmp may be based, in whole or in part, on one or more aspects of a financial product or service that You, as Homeowner, may obtain, or have obtained, from HouseAmp. For example, when You as Homeowner request or instruct HouseAmp to initiate a payment to Your Service Provider, including a payment whose funds are proceeds of a HouseAmp loan to You, HouseAmp may impose a fee on Service Provider in connection with HouseAmp providing a payment service to Service Provider. HouseAmp may, at its sole discretion, impose and collect a fee from Service Provider based on any factor relating to the Services, including based on a percentage of the amount of funds from Your HouseAmp Loan that are paid to Service Provider. You acknowledge and agree that You have no rights to any portion of any fee that HouseAmp may charge or collect from any person, including any Service Provider with which You may have an agreement.
WORKING WITH SERVICE PROFESSIONALS
You are responsible for verifying the licensing status, qualifications, and competency of any Service Pro you select to perform work on the Property. HouseAmp has not selected, approved, or endorsed any Service Pro. You further understand that it is your responsibility to ensure that any work has been completed to your satisfaction before requesting any disbursement to a Service Pro. You understand and agree that HouseAmp has no obligation to verify satisfactory completion of work before making any disbursement you have requested.
PRIVACY NOTICE
HouseAmp’s Privacy Notice contains HouseAmp’s privacy policy, which describes the treatment of personally identifiable information about You. By agreeing to these Terms of Use, You are agreeing to all of the terms and conditions relating to HouseAmp’s collection, use, or disclosure of personally identifiable information (sometimes defined as “nonpublic personal information”) about You, in accordance with HouseAmp’s Privacy Notice. If there is a conflict between these Terms of Use and the policies and procedures contained in HouseAmp’s Privacy Notice, HouseAmp’s Privacy Notice shall have precedence with respect to the subject matter covered by it, and otherwise, these Terms of Use shall have precedence. To review HouseAmp’s Privacy Notice, please click here.
For Real Estate Pro or Service Pro, as the case may be, HouseAmp’s Privacy Notice shall apply to You as if you are a Homeowner, except that Homeowner may be permitted to prevent, or to “opt-out” of, certain disclosures of information to other parties, Real Estate Pro or Service Pro shall have no such right to do so under HouseAmp’s Privacy Notice. You as Real Estate Pro or Service Pro acknowledge and agree that HouseAmp may disclose to nonaffiliated third parties information that HouseAmp collects about You or Your line(s) of business(es).
TERM
The Services shall be provided from the date on which You download or register for the Services and accept these Terms of Use, and the Services shall continue until terminated.
AUTHORIZED USE OF THE SERVICES
HouseAmp hereby grants You permission to use the Services as set forth in these Terms of Use, provided that: (i) You will not copy, download or distribute any part of the Services in any form or medium without HouseAmp’s prior written authorization, except as permitted in this Agreement; (ii) You will not alter, modify, or make derivative works from any part of the Services without HouseAmp’s prior written authorization, except as permitted in this Agreement; and (iii) You will otherwise comply with these Terms of Use.
RESTRICTIONS ON USE OF THE SERVICES
HouseAmp reserves all rights in the Services not granted in these Terms of Use. Without limiting the foregoing, by using the Services You agree not to:
- use the Services for any purpose other than for using the features HouseAmp intentionally provides or makes available to You;
- share Your password or any other part of Your credentials, allow any person to access Your account, or take any action or inaction that might jeopardize the security of Your account;
- assign or transfer Your account or log-in information to anyone; provide false personal information or create an account for anyone other than Yourself;
- attempt to access the accounts of any user of the Services other than Your own account; translate, modify or create derivative works of the Services;
- upload, download, recreate, display, perform, post, reproduce or copy the Services, except with the prior written consent of HouseAmp;
- resell or attempt to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, any part of the rights granted to You under these Terms of Use, the Services, or any Content, in whole or in part;
- modify, copy, distribute, download, scrape or transmit in any form or by any means any Content from the Services other than Your content which You legally post on, through or in connection with the Services;
- attempt to derive the source code, source files, or structure of the software contained in the Services by reverse engineering, disassembly, decompilation, or any other means;
- use the Services except in accordance with all applicable law;
- introduce into the Services any “malware,” such as, but not limited to, viruses, worms, and Trojan Horses; use any automated process to access or to use the Services; create another account without HouseAmp’s permission, if HouseAmp had disabled Your account;
- post, transmit or link from any unlawful, infringing, misleading, deceptive, threatening, libelous, defamatory, plagiarized, fraudulent, harassing, obscene, discriminatory, inflammatory, pornographic or profane material, spam, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law;
- use the Services in any manner that could damage, disable, undermine, overburden or impair the Services or the servers on which it runs or interfere with any other party’s use of the Services;
- upload, download, post, email, or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Services; or
- use any of the logos, trademarks, service marks, or other indicators of origin appearing on the Services.
HouseAmp will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone violating these Terms of Use.
PAYMENT AND FEES
(i) For Service Providers: Service Providers shall pay a service fee equal to 3.49% of the entire invoiced sum for each individual invoice transaction. If You request expedited processing to receive remittance on the next business day following approval of the invoice, You will pay additional fee of 1% of the entire invoiced sum. Under these Terms of Use or as HouseAmp may specify in any other agreement with You, You shall be responsible for payment to HouseAmp of the applicable Fee, and Your payment of the Fee shall be due at or around the time that You request or obtain the Services that are subject to the Fee. To satisfy your obligation to pay any Fee, You authorize HouseAmp to: (a) initiate an EFT, such as an ACH debit entry, to Your bank account; (b) deduct from any gross amount of payment owed or paid to you, which payment is initiated or processed by HouseAmp, and pay to the credit of HouseAmp; or (c) otherwise accept payment from You. You represent and warrant that You are authorized to use any payment card or payment services You furnish under the Services. (ii) Notwithstanding HouseAmp’s rights under the preceding subsection (ii), HouseAmp shall not charge You solely for use of the Site or HouseAmp’s App or solely to access your Account.
(ii) For all users: HouseAmp reserves the right to amend these Terms of Use to impose a fee or charge on You for use of the Services, such as a fee for the Services in connection with any Account or EFT services. We will notify you of such a change before you become obligated to pay any new or revised fee for such Services.
SECURITY MEASURES
You shall protect the confidentiality and security of Your Credentials, and You shall not allow any person to have access to or to use Your Credentials. HouseAmp will apply reasonable measures to protect the security of nonpublic personal information and other data essential for use of the Services, such as information You upload or enter when using HouseAmp’s App. HouseAmp is entitled (but not required) to apply security measures to protect the Services and the Content, and HouseAmp may block users (or IP addresses) identified or suspected as being used to access the Services (i) without authorization, (ii) for unlawful purposes or for purposes of disrupting, or (iii) in any manner that presents a risk of damaging the Services. You shall immediately notify HouseAmp of any (a) activity on the Services suspected as being for unlawful purposes, including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the Services; or (b) security breach involving the Services of which You become aware, including any loss of nonpublic personal information or any incident in which nonpublic personal information relating to You becomes available to unauthorized persons through the Services.
In accordance with the HouseAmp Privacy Policy, HouseAmp is entitled to use nonpublic personal information processed on the Services, without limitation, to obtain technical, statistical, or other information. Any database of nonpublic personal information which HouseAmp may create out of the information on the Services from time to time will be part of the Content.
INTELLECTUAL PROPERTY
Everything You see, hear, or otherwise experience through this Services, including the graphics, videos, text, software, photographs, scripts, interactive features, and the like (collectively, “Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to HouseAmp, subject to copyright and other intellectual property rights under the United States (the “U.S.”) and foreign laws and international conventions. HouseAmp owns the copyright in the selection, coordination, arrangement, and enhancement of the Content. Any unauthorized use of any materials on the Services may violate copyright, trademark, and other laws. Content on the Services is provided to You AS IS for Your information and personal use only. For Your own use under Your agreement with HouseAmp (but not for any separate use of Your business), You may view, copy, and print screenshots of the Services. Otherwise, the Services may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. HouseAmp reserves all rights not expressly granted in and to the Services and the Content. You agree not to use, copy, download or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of user submissions of third parties obtained through the Services for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application unless HouseAmp first expressly permits you to do so by notifying you in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by HouseAmp. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein, nor may You scrape or use any extraction methods to obtain any content or data from the Services. HouseAmp may, in its sole discretion, permit You from time to time to submit, upload or otherwise make available to HouseAmp or any of its representatives or agents through the App any suggestions, feedback, or recommendations regarding the Services (“Feedback”). If You provide any Feedback, You grant to HouseAmp a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, sublicensable, and transferable license to use such Feedback for any purpose.
WARRANTIES
You warrant and represent to HouseAmp as set out below:
(i) The information provided to HouseAmp in any application screen, registration process or screen, profile, email, postings, telephone call, or through other means—including all personal details, professional details, contact details, and all other data provided to HouseAmp—is true in all respects, up-to-date and not misleading in any way.
(ii) You shall not access the Services under false identity or pretext and will not use the Services to falsify Your or any other person’s identity.(iii) You shall use the Services lawfully and in good faith.
(iv) You shall keep Your Credentials secure and shall not disclose or otherwise share such information with any person.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS. HOUSEAMP, APPLE, AND GOOGLE GIVE NO WARRANTY NOR MAKE ANY REPRESENTATION IN RELATION TO THE SERVICES OR THE CONTENT. HOUSEAMP, APPLE, AND GOOGLE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF HOUSEAMP, APPLE AND/OR GOOGLE RELATING TO THE SERVICES OR TO THE CONTENT, EXPRESS, IMPLIED, STATUTORY AND OTHERWISE IN CONNECTION WITH THE SERVICES, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY HOUSEAMP, APPLE AND/OR GOOGLE OR OTHER THIRD PARTIES, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICES, NON-DISRUPTION, SECURITY, ACCURACY, LOSS OF DATA OR CORRUPTION OF DATA, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, HOUSEAMP, APPLE, AND GOOGLE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICES OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT; THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR HOUSEAMP’S APP OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET YOUR EXPECTATIONS. HOUSEAMP, APPLE, AND GOOGLE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (iii) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (iv) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (v) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (vi) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
INDEMNITY
YOU ACKNOWLEDGE THAT HOUSEAMP, APPLE, AND GOOGLE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF GOODS OR SERVICES PROVIDED BY THIRD PARTIES OR ADVERTISERS, THE TRUTH OR ACCURACY OF ANY THIRD PARTY’S OR ADVERTISER’S CONTENT OR LISTINGS, OR THE ABILITY OF ANY THIRD PARTY OR ADVERTISER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION OR SERVICE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HOUSEAMP, APPLE AND GOOGLE FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING TO ANY OF HOUSEAMP, APPLE, AND GOOGLE AS A RESULT OF ANY CLAIM (INCLUDING BUT NOT LIMITED TO, CLAIMS OR DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, AND INJURY TO YOU OR TO THIRD PARTIES, CONSEQUENTIAL, COMPENSATORY, OR PUNITIVE DAMAGES), DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST HOUSEAMP, APPLE AND/OR GOOGLE IN CONNECTION WITH (i) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICES; (ii) YOUR BREACH OF ANY OF THESE TERMS OF USE; (iii) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (iv) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (v) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICES; OR (vi) ANY ACTIVITY RELATED TO YOUR APPLE ID, GOOGLE ACCOUNT, MOBILE ACCOUNT, OR OTHER INTERNET ACCOUNT, OR USING YOUR TELEPHONE NUMBER, EMAIL ADDRESS, AND/OR PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT, APPLE ID, GOOGLE ACCOUNT, MOBILE ACCOUNT, OTHER INTERNET ACCOUNT, TELEPHONE NUMBER, EMAIL ADDRESS, AND/OR PASSWORD.IF HOUSEAMP, APPLE, OR GOOGLE DO TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, HOUSEAMP, APPLE, OR GOOGLE, AS THE CASE MAY BE, WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO HOUSEAMP, APPLE, OR GOOGLE.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL HOUSEAMP, , APPLE, OR GOOGLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICES OR THIRD PARTY PRODUCTS OR SERVICES, UNDER THESE TERMS OF USE OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICES, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OF REPUTATION, GOODWILL OR BUSINESS, EVEN IF HOUSEAMP, APPLE, AND GOOGLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. HOUSEAMP, APPLE, OR GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (i) ANY SUSPENSION OR DISRUPTION OF THE SERVICES, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM HOUSEAMP'S NEGLIGENCE, (ii) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (iii) UNAUTHORIZED ACCESS TO OR USE OF ANY SERVER MANAGED OR CONTROLLED BY HOUSEAMP OR ANY AND ALL INFORMATION STORED THEREIN, EXCEPT AS OTHERWISE PROVIDED BY LAW, (iv) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (v) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (vi) USER SUBMISSIONS, THIRD PARTY WEBSITES OR APPS, OR (vii) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY THIRD PARTIES OR ADVERTISERS, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOUSEAMP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. HOUSEAMP, APPLE, OR GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY, OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO KEEP YOUR CREDENTIALS SECURE OR FROM THE SHARING OF YOUR CREDENTIALS WITH ANY OTHER PERSON.
HOUSEAMP’S MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OF USE OR IN RELATION TO THE SERVICES WILL BE LIMITED TO ONE HUNDRED DOLLARS (US $100.00).
A party will not be in breach of these Terms of Use, nor liable for any failure or delay in performance of any of its obligations under these Terms of Use where such failure or delay arises from or is attributable to acts, events, omissions, or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disasters, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, terrorist attack, civil commotion or riots, industrial action or strike, power outages, or electronic or communication network breakdowns (each a “Force Majeure Event”). If a Force Majeure Event affecting the provision of the Services occurs, HouseAmp will use reasonable efforts to notify users through the Services or through HouseAmp’s Site or by email communication.
TERMINATION OF THE SERVICES
HouseAmp may terminate Your access to or use of the Services without notice, in the event You (i) breach these Terms of Use or (ii) misuse or challenge HouseAmp’s rights in the Content. HouseAmp may at any time, and in HouseAmp’s sole discretion, modify, suspend, or discontinue the Services, and such action by HouseAmp may adversely affect the use of the Services. HouseAmp shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services. HouseAmp shall use reasonable efforts to notify users of the cessation of the Services or any changes that would affect Your use of the Services. HouseAmp may give such notices through the Service or on its website or by email communications. If HouseAmp terminates Your access to or use of the Services if You breach these Terms of Use, You still will be obligated on any other contract or agreement You have with HouseAmp, such as a contract or agreement You have entered into for loan or financial product or service. You acknowledge that removing HouseAmp’s App from Your mobile phone does not automatically terminate Your rights to use the Services. You may, at any time, request termination of Your use of the Services through the service termination settings in HouseAmp’s Site or HouseAmp’s App.
Upon Your request that Your use of the Services be terminated:
(i) Your right to access and use the Services will immediately terminate; and
(ii) All of Your personal information is subject to deletion from the Services, provided that—
(a) Copies of Your data may remain stored for limited periods of time on backup media which will be cleansed from time to time;
(b) HouseAmp reserves the right to retain records of Your personal information on the Services if it is reasonably required to keep such records to (1) maintain or service any other account You have with HouseAmp, (2) for any legal purposes, including to comply with its legal or regulatory duties, (3) to investigate and respond to complaints (including from other users), (4) to enforce these Terms of Use or to defend itself against any claim or legal threat or allegations, or (5) if it requires to retain such data for other legitimate reasons; and
(c) HouseAmp will be entitled to retain any data in non-personal information form which may have been extracted or obtained from Your personal information including any aggregated, anonymized or otherwise de-personalized data.
LINKS TO AND FROM THE SERVICES
The Services may contain links to third-party websites and online services (such as apps) that are not owned or controlled by HouseAmp. HouseAmp has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. HouseAmp will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICES, YOU EXPRESSLY RELEASE HOUSEAMP, APPLE AND GOOGLE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, HouseAmp encourages You to be aware when You leave the Services, and You should read the terms and conditions that apply to other websites You visit.
ADVERTISEMENTS/RELEASE
HouseAmp takes no responsibility for advertisements or any third-party material transmitted through or posted on the Services, nor does it take any responsibility for the products or services provided by service providers with profiles or other Content accessible through the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Services are between You and the Advertiser, and You agree that HouseAmp is not liable for any loss or claim that You may have against an Advertiser.YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE HOUSEAMP, APPLE AND GOOGLE FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES.
ASSIGNMENT
Any rights and licenses granted to You under these Terms of Use may be transferred or assigned by You only with HouseAmp’s prior written consent. For any rights that HouseAmp may hold under any agreement as between HouseAmp and You, HouseAmp may assign its rights without restriction and without notice to You.
DISPUTE RESOLUTION, MANDATORY ARBITRATION AND CLASS ACTION WAIVER
These Terms of Use are governed by U.S. and Delaware law, without regard to conflict of law provisions. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded in their entirety from these Terms of Use. English shall be the governing language of these Terms of Use. The choice-of-law provision contained in the other agreement between You and HouseAmp (if any such agreement is in place) shall govern that other agreement. All claims and disputes, including all statutory claims and disputes, arising out of or relating to (i) these Terms of Use, (ii) Your use of the Services, or (iii) the other agreement between You and HouseAmp shall be finally resolved by binding arbitration on an individual basis, except that You and HouseAmp are not required to arbitrate any dispute in which either party seeks equitable relief for alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This means that, except for the equitable relief described in the previous sentence, neither HouseAmp nor You will sue in court before a judge or jury—for any type of claim or dispute whatsoever arising out of or relating to (w) these Terms of Use, (x) Your use of the Services, or (y) the other agreement between You and HouseAmp, unless You opt-out of arbitration as provided below. (z) HouseAmp and You also agree that no dispute subject to the terms of this Section will be resolved as a class. Instead, one neutral arbitrator will decide the dispute, and the arbitrator’s decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only for the individual claims between HouseAmp and You. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with its rules of practice and procedure (the “Rules”), except to the extent they conflict with these Terms of Use. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The AAA Consumer Arbitration Rules are available online at www.adr.org or by calling AAA at 1-800-778-7879. Any claims or disputes involving less than US $10,000 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the amount sought is US $10,000 or more, the right to an in-person oral hearing will be determined by the Rules. The arbitrator will be bound to follow applicable federal and state laws and regulations in deciding all issues and in rendering any award. HouseAmp and You will be entitled to invoke the rules of discovery applicable to state court proceedings. The arbitration proceedings will be conclusive and not appealable, and any party to any award rendered in any arbitration proceeding will be entitled to have judgment entered on that award. The number of arbitrators shall be one, selected in accordance with the Rules, and the language of the arbitration will be English. Unless non-appearance arbitration is elected, the arbitration will be held in any city located in the state of Washington, provided that, if You notify us in writing within 30 days after the initial notice of arbitration is delivered by a party, the arbitration may be held in Chicago, Illinois or Los Angeles, California. If non-appearance arbitration is elected, the arbitration will be conducted by phone, online, written submissions, or a combination of the three, at the election of the party, initiating arbitration, and the arbitration will not involve a personal appearance by parties or witnesses unless the parties mutually agree otherwise. Notwithstanding any contrary provisions in the Rules, each party shall bear its own costs and expenses of the arbitration and one-half (1/2) of the fees and costs for the arbitrator unless the arbitrator determines the fees and costs should be borne by one of the parties. The arbitrator may not award or assess punitive damages against either party.
HOUSEAMP AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED ONLY INDIVIDUALLY. Neither HouseAmp nor You will seek to have any dispute heard as a class action, a class-wide arbitration, a private attorney general action, or any other proceeding in which either of HouseAmp or You act(s) or propose(s) to act as a representative for others. HouseAmp and You also agree that no arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of HouseAmp, You, and every other party to that arbitration or proceeding. You may opt-out of the arbitration and class actions waiver set forth above by sending a written notice of Your decision to opt-out in accordance with this Section. If you do so, neither You nor HouseAmp can force the other to arbitrate. To opt-out, You must notify HouseAmp in writing no later than thirty (30) days after first becoming subject to these Terms of Use. Your notice must include your name and address, your username and the email address You used to set up Your account for the Services, and an unequivocal statement that You want to opt-out of this arbitration. Send Your notice to:
HOUSEAMP INC.
19689 7TH AVE NE, Ste. 178
POULSBO, WA
98370
In the event of a dispute between You and HouseAmp, to invoke Your opt-out right, You must retain a copy of Your opt-out notice, as well as proof of mailing of Your opt-out notice within the prescribed period (for example, within 30 days of the date You first downloaded HouseAmp’s).
If You elect to opt-out, each of You and HouseAmp irrevocably (i) consents to the exclusive jurisdiction and venue of the state and federal courts in the State of Delaware in connection with any matter arising out of this Agreement, (ii) waives any objection to such jurisdiction or venue, (iii) agrees not to commence any legal proceedings related hereto except in such courts, (iv) consents to and agrees to accept service of process to vest personal jurisdiction over it in any such courts and (v) waives any right to trial by jury in any action in connection with this Agreement
ANY LEGAL ACTION BROUGHT BY YOU AGAINST HOUSEAMP MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE ON WHICH SUCH LEGAL CLAIMS WOULD ORDINARILY ACCRUE UNDER THE APPLICABLE STATUTE OF LIMITATIONS OR SIMILAR TEMPORAL DEADLINE FOR COMMENCING A LEGAL ACTION.
This Section may be amended from time to time in accordance with the Section of these Terms of Use that provides rights relating to amendments. If you did not opt-out of mandatory arbitration as provided above, You may reject any change we make to this Section by sending us notice within thirty (30) days after first becoming subject to the amended Terms of Use. Send Your notice rejecting changes to this Section to: HouseAmp Inc., 19689 7th Ave. NE, Ste.178, Poulsbo, WA 98370.
In the event of a dispute between You and HouseAmp, to invoke Your right to apply an earlier version of this Section, You must retain a copy of Your rejection notice, as well as proof of mailing of Your rejection notice within the prescribed period. HouseAmp reserves the right to make additional amendments to this Section. If you wish to reject additional changes to this Section, You must notify us in accordance with this Section for each change in accordance with the terms hereof.
EXPORT CONTROL
Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the U.S. or the country in which You reside.
THIRD-PARTY BENEFICIARIES
YOU ACKNOWLEDGE THAT EACH OF HOUSEAMP IS AN INTENDED THIRD-PARTY BENEFICIARY OF YOUR RELEASES, WAIVERS AND COVENANTS GIVEN IN THIS AGREEMENT AND THAT APPLE AND GOOGLE ARE INTENDED THIRD PARTY BENEFICIARIES OF YOUR RELEASES, WAIVERS AND COVENANTS IN THE APPLE REQUIRED TERMS AND IN THE ADDITIONAL TERMS REQUIRED BY GOOGLE, INC., RESPECTIVELY. SUBJECT TO THE FOREGOING, NOTHING IN THIS AGREEMENT IS INTENDED TO CONFER ANY RIGHT, REMEDY, CAUSE OF ACTION, OR LIABILITY ON ANY PERSON OTHER THAN HOUSEAMP AND ITS SUCCESSORS AND ASSIGNS AND YOU.
GENERAL TERMS
These Terms of Use constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these Terms of Use by a representation other than those expressly set out in these Terms of Use. Except as expressly permitted under these Terms of Use, no modification, alteration, or waiver of any of the provisions of these Terms of Use will be effective unless in writing and signed on behalf of each of the parties. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and HouseAmp’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Nothing in these Terms of Use will create, or be deemed to create, a partnership or joint venture and will not be construed as giving rise to the relationship of principal and agent between the parties.
APPLE REQUIRED TERMS
1. Acknowledgment: HouseAmp and You acknowledge that the Terms of Use are concluded between HouseAmp and You only, and not with Apple, and HouseAmp, not Apple, is solely responsible for the Services and the content thereof.
2. Scope of License: The license granted to You for the Service is limited to a non-transferable license to use the Services on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Services.
3. Maintenance and Support: As between Apple and HouseAmp, HouseAmp is solely responsible for providing maintenance and support services, if any, with respect to the Services, as specified in the Terms of Use, or as required under applicable law. HouseAmp and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
4. Warranty: As between Apple and HouseAmp, HouseAmp is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the relevant App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be HouseAmp’s sole responsibility.
5. Product Claims: HouseAmp and You acknowledge that HouseAmp, not Apple, is responsible for addressing any claims by You or any third party relating to the Services or Your possession and/or use of that Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Intellectual Property Rights: HouseAmp and You acknowledge that, in the event of any third party claim that the Services or Your possession and use of the Services infringes that third party’s intellectual property rights, to the extent, a warranty of non-infringement is not validly disclaimed, HouseAmp, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a country or territory that is subject to a sanctions program (e.g., designated by OFAC); and (ii) You are not identified on any list prepared by the U.S. Government describing prohibited or restricted parties.
8. Developer Name and Address: HouseAmp may be contacted at in connection with any questions, complaints or claims with respect to the Services.
9. Third-Party Beneficiary: HouseAmp and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms of Use, and that, upon Your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against You as a third-party beneficiary thereof.
ADDITIONAL TERMS RELEVANT TO GOOGLE INC.
THESE TERMS OF USE CONSTITUTE A LICENSE AGREEMENT IN LIEU OF ANY LICENSE GRANT PROVIDED BY GOOGLE TO USE THE APPS ON A SUPPORTED DEVICE. A “SUPPORTED DEVICE” IS A COMBINATION OF A MOBILE DEVICE RUNNING ANDROID SOFTWARE AND AN ANDROID SOFTWARE VERSION(S) THAT IS SUPPORTED BY THE HOUSEAMP MOBILE APPLICATION. THESE TERMS OF USE ARE MADE BETWEEN YOU AND HOUSEAMP ONLY, AND NOT WITH GOOGLE. HOUSEAMP IS SOLELY RESPONSIBLE FOR THE HOUSEAMP APP.
THE GOOGLE PLAY MARKETPLACE IS OWNED AND OPERATED BY GOOGLE INC. YOUR USE OF GOOGLE PLAY IS GOVERNED BY A LEGAL AGREEMENT BETWEEN YOU AND GOOGLE CONSISTING OF THE GOOGLE TERMS OF SERVICE (FOUND AT HTTP://WWW.GOOGLE.COM/ACCOUNTS/TOS) AND THE GOOGLE PLAY TERMS OF SERVICE (FOUND AT HTTPS://PLAY.GOOGLE.COM/INTL/EN-US_US/ABOUT/PLAY-TERMS.HTML AND TOGETHER WITH THE GOOGLE TERMS OF SERVICE CALLED THE “TERMS”). THE GOOGLE PLAY TERMS OF SERVICE AND GOOGLE TERMS OF SERVICE SHALL TAKE PRECEDENCE IN THAT ORDER IN THE EVENT OF A CONFLICT BETWEEN THEM, TO THE EXTENT OF SUCH CONFLICT.
HOUSEAMP IS SOLELY RESPONSIBLE FOR PROVIDING, AND GOOGLE HAS NO OBLIGATION TO PROVIDE, MAINTENANCE AND SUPPORT FOR THE HOUSEAMP APP. SUPPORT REQUESTS, AS WELL AS QUESTIONS, COMPLAINTS, OR CLAIMS REGARDING THE HOUSEAMP APP, MAY BE DIRECTED TO HOUSEAMP SUPPORT. USERS MAY ALSO CONTACT US BY EMAIL AT INFO@HOUSEAMP.COM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE HOUSEAMP MOBILE APPLICATION, AND WILL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
GOOGLE SHALL NOT BE RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE HOUSEAMP APP OR YOUR POSSESSION AND/OR USE OF THE HOUSEAMP APP, INCLUDING BUT NOT LIMITED TO (I) PRODUCT LIABILITY CLAIMS, (II) ANY CLAIM THAT THE HOUSEAMP APP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, OR (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
GOOGLE SHALL NOT BE RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT OR DISCHARGE OF ANY CLAIM THAT THE HOUSEAMP APP OR YOUR POSSESSION AND USE THEREOF INFRINGES A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
YOU REPRESENT AND WARRANT THAT (I) THE SERVICE(S) WILL NOT BE DOWNLOADED OR USED IN, OR TRANSPORTED TO, A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO OR HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST-SUPPORTING” COUNTRY, AND (II) YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
FOR THE IMPROVEMENT OF GOOGLE PLAY, GOOGLE MAY COLLECT CERTAIN USAGE STATISTICS FROM GOOGLE PLAY AND YOUR SUPPORTED DEVICE, INCLUDING BUT NOT LIMITED TO, INFORMATION ON HOW GOOGLE PLAY AND YOUR SUPPORTED DEVICE ARE BEING USED. THE DATA COLLECTED IS EXAMINED IN THE AGGREGATE TO IMPROVE GOOGLE PLAY FOR USERS AND DEVELOPERS AND IS MAINTAINED IN ACCORDANCE WITH GOOGLE’S PRIVACY POLICY. WE CAN NEITHER CONTROL NOR ARE RESPONSIBLE FOR THE PRIVACY PRACTICES OF GOOGLE. TO ENSURE THE IMPROVEMENT OF THE HOUSEAMP MOBILE APPLICATION, LIMITED AGGREGATE DATA MAY BE AVAILABLE FROM GOOGLE TO HOUSEAMP UPON HOUSEAMP’S WRITTEN REQUEST.
REMOVAL OF HOUSEAMP APP. HOUSEAMP OR GOOGLE INC. MAY, AT ANY TIME AND WITHOUT NOTICE, RESTRICT, INTERRUPT OR PREVENT USE OF THE HOUSEAMP APP, OR DELETE THE HOUSEAMP APP FROM YOUR SUPPORTED DEVICE, WITHOUT ENTITLING YOU TO ANY REFUND, CREDIT OR OTHER COMPENSATION FROM HOUSEAMP OR ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, GOOGLE INC. OR YOUR NETWORK CONNECTIVITY PROVIDER).
This Terms of Use was last modified on February 1, 2024.
© 2021-2024 HouseAmp Inc., All Rights Reserved
R.01.001 v5
By using the website of HouseAmp Inc. (together with its affiliates, "HouseAmp"), or by downloading or using our mobile applications, including all Content (as defined below), available through Apple’s App Store, iTunes Store or the Google Play Marketplace or by accessing the Services (as defined below), You signify that: (i) You have read and You understand these terms and conditions (“Terms of Use”); and (ii) these Terms of Use have the same force and effect as a signed agreement on paper.
“YOU” DEFINED; YOUR STATUS; TERMS OF USE APPLY TO OTHER AGREEMENT
HouseAmp offers the Services that are subject to these Terms of Use, as well as other financial products or services, to various types of persons. Under these Terms of Use, the term “You” is defined, and each person that uses any part of the Services is bound, as follows:
(i) Homeowner: In the case of an individual person acting for his or her own purposes (“Homeowner”), which purposes shall not be limited to any activity primarily for personal, family, or household purposes, “You” means the Homeowner that: (a) uses the Services; or (b) obtains, or seeks to obtain, from us any financial product or service offered or provided by us. Homeowner may use the Services in conjunction with any financial product or service offered or provided by us, and, if so, then the Homeowner and HouseAmp shall be bound by each agreement, therefore.
(ii) Real Estate Pro: In the case of an individual person who is engaged in any activity relating to real estate sales or brokerage (“Real Estate Pro”), “You” means Real Estate Pro that uses the Services. Real Estate Pro who is bound to these Terms of Service hereby represents and warrants to HouseAmp that, at all times that Real Estate Pro uses the Services, Real Estate Pro shall: (a) only act within the scope of Real Estate Pro’s business; and (b) only use the Services in connection with Real Estate Pro’s business relationship with Homeowner.
(iii) Service Provider: In the case of an individual person who is engaged in any activity relating to any building trade, construction, staging, or any activity relating to presentation or home improvement of real property (other than real estate sales or brokerage) (“Service Provider” or “Service Pro”), “You” means Service Provider that uses the Services. Service Provider may use the Services in conjunction with any product or service offered or provided by HouseAmp, and, if so, then the Service Provider and HouseAmp shall be bound by each agreement therefore. Service Provider who is bound to these Terms of Service hereby represents and warrants to HouseAmp that, at all times that Service Provider uses the Services, Service Provider shall: (a) only act within the scope of the Service Provider’s business; and (b) only use the Services in connection with the Service Provider’s business relationship with a Homeowner. Important: Service Providers should refer to “Payment and Fees” below for information about transaction fees.
Relationship to Other Agreement. In the case of Homeowner or Service Provider, You acknowledge and agree that these Terms of Use, in effect as of the date You last access or use the Services, shall apply to any other agreement or contract that You have entered into with us. In the event of any conflict between these Terms of Service and any other agreement between You and us, that other agreement (and not these Terms of Use) shall govern, but only to the extent of that conflict.
SERVICES
(i) In General: Each of the Services is, or collectively are, the services provided by, or hosted by, one or more of the HouseAmp entities. The Services include: (i) the provision of HouseAmp’s websites (each “HouseAmp’s Site” or a “Site”); (ii) the mobile application of HouseAmp (“HouseAmp’s App”); (iii) subject to applicable qualifications and to HouseAmp’s approval (which HouseAmp may, in its sole discretion, determine), the provision of any account (a “HouseAmp Account”); and (iv) any financial product or service offered, or provided, by us, which product or service may be obtained (but is not required to be obtained) in connection with any of the Services described in clauses (i) through (iii). The Services or any HouseAmp Account vary depending on if You are a Homeowner, Real Estate Pro, or Service Provider. For a Homeowner, the Services, including the HouseAmp Account, may be used separately or in combination with one or more of our loan products, EFT services (e.g., transactions for electronic payments), or other financial products and services as may, from time to time, be offered or provided by us. You affirm that You are at least 18 years of age and are fully able and competent, in accordance with applicable laws and regulations, to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Use, and to abide by and comply with these Terms of Use. You also affirm You have not been previously suspended or removed from the Services.
THESE TERMS OF USE INCLUDE OUR TREATMENT OF YOUR NONPUBLIC PERSONAL INFORMATION, OR OTHER PERSONAL INFORMATION, WHICH IS GOVERNED BY THE HOUSEAMP PRIVACY NOTICE.
BEFORE ACCESSING OR USING THE SERVICES, PLEASE CAREFULLY READ HOUSEAMP’S PRIVACY NOTICE, WHICH IS PART OF THIS AGREEMENT. ACCESSING, DOWNLOADING, OR USING ANY PART OF THE SERVICES INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF USE AND THAT PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THE TERMS OF USE AND THAT PRIVACY POLICY, DO NOT ACCESS OR USE THE SERVICES, AND DELETE ANY DOWNLOADED APPLICATIONS AND MATERIALS.
ARBITRATION NOTICE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE, YOU AND WE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND WE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The term “Your Credentials” means any or all, when used collectively, of the
1. account number that HouseAmp assigns to You, (ii) any email address or user name that You select to access or use the Services, or (iii) any password or other code that You select to access or use the Services.
2. For Real Estate Pro or Service Provider: The Services are each or collectively the services provided to Real Estate Pro or to Service Provider, which Services may be offered or provided upon approval or other authorization of the Homeowner who has a separate account or relationship with Real Estate Pro or Service Provider. You, each as Real Estate Pro or Service Provider (as the case may be), may apply for and obtain a HouseAmp Account, and in doing so, You represent and warrant that: (a) You shall use the Services only in connection with Your own products or services offered or provided to Homeowner, who separately is authorized to use the Services; (b) You shall not represent, directly or indirectly, to any person, including any Homeowner, that You are (1) affiliated in any way with HouseAmp or (2) compensated in any way by HouseAmp; and (c) You shall not, for or on behalf of HouseAmp, intend to advertise or describe any term, condition, benefit, or cost of any of HouseAmp’s products or services (including the Services) to any Homeowner, except that the restrictive covenant in this clause (c) shall not apply to (1) a general description You may make to a person regarding the nature of HouseAmp’s lines of business or (2) reference to any person of marketing materials authorized by or directly issued by HouseAmp, including HouseAmp’s Site. (d) You further acknowledge and agree that any breach of any of Your representations or warranties set forth in this section of the Terms of Use shall be cause for HouseAmp to terminate, immediately and with no duty to notify You in advance, of (1) Your use of the Services, (2) Your use of Your HouseAmp Account, or (3) any other agreement or contract between You and HouseAmp, except if another remedy for HouseAmp is expressly provided in such other contract or agreement.
3. For Real Estate Pro: Without limiting any of Your representations or warranties set forth in this section, You further acknowledge and agree that HouseAmp permits You to use the Services, including use of Your HouseAmp Account, only for the purposes of (a) enabling HouseAmp to offer or provide the Services to Homeowner (who is HouseAmp’s customer) and (b) affording accommodation to You, as authorized or otherwise permitted by Homeowner. You expressly acknowledge and agree that the Services, including Your HouseAmp Account, is provided to You without charge and nothing in Your use of the Services involves, directly or indirectly, any kind of exchange or transfer of anything of value.
4. Reservation of Rights: HouseAmp reserves the right to modify or discontinue the Services (or any portion of the Services), temporarily or permanently. HouseAmp shall notify You in advance of HouseAmp’s election to exercise its right to discontinue the Services. HouseAmp shall not be liable to You or any third party in the event that HouseAmp exercises its right to modify or discontinue any portion or all of the Services.
HouseAmp may, in its sole discretion, change these Terms of Use at any time. If we materially change these Terms of Use, we will let You know by showing the revised Terms of Use to You when You access the Services. We also might (but may not be required to) send You an email notifying You of the revised Terms of Use. In notifying You about any change to these Terms of Use, we will use the email address You have on file with us, and we shall not be liable for resending any returned email so long as we use the email address on its file.
HOUSEAMP COMPENSATION FROM SERVICE PROFESSIONALS
HouseAmp may, from time to time, engage in one or more arrangements or contracts with Service Provider. Under the terms and conditions of HouseAmp’s arrangement or contract with Service Provider, HouseAmp may receive fees or compensation for one or more services that HouseAmp provides to Service Provider. Any fee or compensation that Service Provider owes or pays to HouseAmp may be based, in whole or in part, on one or more aspects of a financial product or service that You, as Homeowner, may obtain, or have obtained, from HouseAmp. For example, when You as Homeowner request or instruct HouseAmp to initiate a payment to Your Service Provider, including a payment whose funds are proceeds of a HouseAmp loan to You, HouseAmp may impose a fee on Service Provider in connection with HouseAmp providing a payment service to Service Provider. HouseAmp may, at its sole discretion, impose and collect a fee from Service Provider based on any factor relating to the Services, including based on a percentage of the amount of funds from Your HouseAmp Loan that are paid to Service Provider. You acknowledge and agree that You have no rights to any portion of any fee that HouseAmp may charge or collect from any person, including any Service Provider with which You may have an agreement.
WORKING WITH SERVICE PROFESSIONALS
You are responsible for verifying the licensing status, qualifications, and competency of any Service Pro you select to perform work on the Property. HouseAmp has not selected, approved, or endorsed any Service Pro. You further understand that it is your responsibility to ensure that any work has been completed to your satisfaction before requesting any disbursement to a Service Pro. You understand and agree that HouseAmp has no obligation to verify satisfactory completion of work before making any disbursement you have requested.
PRIVACY NOTICE
HouseAmp’s Privacy Notice contains HouseAmp’s privacy policy, which describes the treatment of personally identifiable information about You. By agreeing to these Terms of Use, You are agreeing to all of the terms and conditions relating to HouseAmp’s collection, use, or disclosure of personally identifiable information (sometimes defined as “nonpublic personal information”) about You, in accordance with HouseAmp’s Privacy Notice. If there is a conflict between these Terms of Use and the policies and procedures contained in HouseAmp’s Privacy Notice, HouseAmp’s Privacy Notice shall have precedence with respect to the subject matter covered by it, and otherwise, these Terms of Use shall have precedence. To review HouseAmp’s Privacy Notice, please click here.
For Real Estate Pro or Service Pro, as the case may be, HouseAmp’s Privacy Notice shall apply to You as if you are a Homeowner, except that Homeowner may be permitted to prevent, or to “opt-out” of, certain disclosures of information to other parties, Real Estate Pro or Service Pro shall have no such right to do so under HouseAmp’s Privacy Notice. You as Real Estate Pro or Service Pro acknowledge and agree that HouseAmp may disclose to nonaffiliated third parties information that HouseAmp collects about You or Your line(s) of business(es).
TERM
The Services shall be provided from the date on which You download or register for the Services and accept these Terms of Use, and the Services shall continue until terminated.
AUTHORIZED USE OF THE SERVICES
HouseAmp hereby grants You permission to use the Services as set forth in these Terms of Use, provided that: (i) You will not copy, download or distribute any part of the Services in any form or medium without HouseAmp’s prior written authorization, except as permitted in this Agreement; (ii) You will not alter, modify, or make derivative works from any part of the Services without HouseAmp’s prior written authorization, except as permitted in this Agreement; and (iii) You will otherwise comply with these Terms of Use.
RESTRICTIONS ON USE OF THE SERVICES
HouseAmp reserves all rights in the Services not granted in these Terms of Use. Without limiting the foregoing, by using the Services You agree not to:
- use the Services for any purpose other than for using the features HouseAmp intentionally provides or makes available to You;
- share Your password or any other part of Your credentials, allow any person to access Your account, or take any action or inaction that might jeopardize the security of Your account;
- assign or transfer Your account or log-in information to anyone; provide false personal information or create an account for anyone other than Yourself;
- attempt to access the accounts of any user of the Services other than Your own account; translate, modify or create derivative works of the Services;
- upload, download, recreate, display, perform, post, reproduce or copy the Services, except with the prior written consent of HouseAmp;
- resell or attempt to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, any part of the rights granted to You under these Terms of Use, the Services, or any Content, in whole or in part;
- modify, copy, distribute, download, scrape or transmit in any form or by any means any Content from the Services other than Your content which You legally post on, through or in connection with the Services;
- attempt to derive the source code, source files, or structure of the software contained in the Services by reverse engineering, disassembly, decompilation, or any other means;
- use the Services except in accordance with all applicable law;
- introduce into the Services any “malware,” such as, but not limited to, viruses, worms, and Trojan Horses; use any automated process to access or to use the Services; create another account without HouseAmp’s permission, if HouseAmp had disabled Your account;
- post, transmit or link from any unlawful, infringing, misleading, deceptive, threatening, libelous, defamatory, plagiarized, fraudulent, harassing, obscene, discriminatory, inflammatory, pornographic or profane material, spam, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law;
- use the Services in any manner that could damage, disable, undermine, overburden or impair the Services or the servers on which it runs or interfere with any other party’s use of the Services;
- upload, download, post, email, or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Services; or
- use any of the logos, trademarks, service marks, or other indicators of origin appearing on the Services.
HouseAmp will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone violating these Terms of Use.
PAYMENT AND FEES
(i) For Service Providers: Service Providers shall pay a service fee equal to 3.49% of the entire invoiced sum for each individual invoice transaction. If You request expedited processing to receive remittance on the next business day following approval of the invoice, You will pay additional fee of 1% of the entire invoiced sum. Under these Terms of Use or as HouseAmp may specify in any other agreement with You, You shall be responsible for payment to HouseAmp of the applicable Fee, and Your payment of the Fee shall be due at or around the time that You request or obtain the Services that are subject to the Fee. To satisfy your obligation to pay any Fee, You authorize HouseAmp to: (a) initiate an EFT, such as an ACH debit entry, to Your bank account; (b) deduct from any gross amount of payment owed or paid to you, which payment is initiated or processed by HouseAmp, and pay to the credit of HouseAmp; or (c) otherwise accept payment from You. You represent and warrant that You are authorized to use any payment card or payment services You furnish under the Services. (ii) Notwithstanding HouseAmp’s rights under the preceding subsection (ii), HouseAmp shall not charge You solely for use of the Site or HouseAmp’s App or solely to access your Account.
(ii) For all users: HouseAmp reserves the right to amend these Terms of Use to impose a fee or charge on You for use of the Services, such as a fee for the Services in connection with any Account or EFT services. We will notify you of such a change before you become obligated to pay any new or revised fee for such Services.
SECURITY MEASURES
You shall protect the confidentiality and security of Your Credentials, and You shall not allow any person to have access to or to use Your Credentials. HouseAmp will apply reasonable measures to protect the security of nonpublic personal information and other data essential for use of the Services, such as information You upload or enter when using HouseAmp’s App. HouseAmp is entitled (but not required) to apply security measures to protect the Services and the Content, and HouseAmp may block users (or IP addresses) identified or suspected as being used to access the Services (i) without authorization, (ii) for unlawful purposes or for purposes of disrupting, or (iii) in any manner that presents a risk of damaging the Services. You shall immediately notify HouseAmp of any (a) activity on the Services suspected as being for unlawful purposes, including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the Services; or (b) security breach involving the Services of which You become aware, including any loss of nonpublic personal information or any incident in which nonpublic personal information relating to You becomes available to unauthorized persons through the Services.
In accordance with the HouseAmp Privacy Policy, HouseAmp is entitled to use nonpublic personal information processed on the Services, without limitation, to obtain technical, statistical, or other information. Any database of nonpublic personal information which HouseAmp may create out of the information on the Services from time to time will be part of the Content.
INTELLECTUAL PROPERTY
Everything You see, hear, or otherwise experience through this Services, including the graphics, videos, text, software, photographs, scripts, interactive features, and the like (collectively, “Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to HouseAmp, subject to copyright and other intellectual property rights under the United States (the “U.S.”) and foreign laws and international conventions. HouseAmp owns the copyright in the selection, coordination, arrangement, and enhancement of the Content. Any unauthorized use of any materials on the Services may violate copyright, trademark, and other laws. Content on the Services is provided to You AS IS for Your information and personal use only. For Your own use under Your agreement with HouseAmp (but not for any separate use of Your business), You may view, copy, and print screenshots of the Services. Otherwise, the Services may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. HouseAmp reserves all rights not expressly granted in and to the Services and the Content. You agree not to use, copy, download or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of user submissions of third parties obtained through the Services for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application unless HouseAmp first expressly permits you to do so by notifying you in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by HouseAmp. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein, nor may You scrape or use any extraction methods to obtain any content or data from the Services. HouseAmp may, in its sole discretion, permit You from time to time to submit, upload or otherwise make available to HouseAmp or any of its representatives or agents through the App any suggestions, feedback, or recommendations regarding the Services (“Feedback”). If You provide any Feedback, You grant to HouseAmp a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, sublicensable, and transferable license to use such Feedback for any purpose.
WARRANTIES
You warrant and represent to HouseAmp as set out below:
(i) The information provided to HouseAmp in any application screen, registration process or screen, profile, email, postings, telephone call, or through other means—including all personal details, professional details, contact details, and all other data provided to HouseAmp—is true in all respects, up-to-date and not misleading in any way.
(ii) You shall not access the Services under false identity or pretext and will not use the Services to falsify Your or any other person’s identity.(iii) You shall use the Services lawfully and in good faith.
(iv) You shall keep Your Credentials secure and shall not disclose or otherwise share such information with any person.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS. HOUSEAMP, APPLE, AND GOOGLE GIVE NO WARRANTY NOR MAKE ANY REPRESENTATION IN RELATION TO THE SERVICES OR THE CONTENT. HOUSEAMP, APPLE, AND GOOGLE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF HOUSEAMP, APPLE AND/OR GOOGLE RELATING TO THE SERVICES OR TO THE CONTENT, EXPRESS, IMPLIED, STATUTORY AND OTHERWISE IN CONNECTION WITH THE SERVICES, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY HOUSEAMP, APPLE AND/OR GOOGLE OR OTHER THIRD PARTIES, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICES, NON-DISRUPTION, SECURITY, ACCURACY, LOSS OF DATA OR CORRUPTION OF DATA, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, HOUSEAMP, APPLE, AND GOOGLE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICES OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT; THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR HOUSEAMP’S APP OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET YOUR EXPECTATIONS. HOUSEAMP, APPLE, AND GOOGLE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (iii) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (iv) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (v) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (vi) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
INDEMNITY
YOU ACKNOWLEDGE THAT HOUSEAMP, APPLE, AND GOOGLE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF GOODS OR SERVICES PROVIDED BY THIRD PARTIES OR ADVERTISERS, THE TRUTH OR ACCURACY OF ANY THIRD PARTY’S OR ADVERTISER’S CONTENT OR LISTINGS, OR THE ABILITY OF ANY THIRD PARTY OR ADVERTISER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION OR SERVICE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HOUSEAMP, APPLE AND GOOGLE FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING TO ANY OF HOUSEAMP, APPLE, AND GOOGLE AS A RESULT OF ANY CLAIM (INCLUDING BUT NOT LIMITED TO, CLAIMS OR DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, AND INJURY TO YOU OR TO THIRD PARTIES, CONSEQUENTIAL, COMPENSATORY, OR PUNITIVE DAMAGES), DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST HOUSEAMP, APPLE AND/OR GOOGLE IN CONNECTION WITH (i) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICES; (ii) YOUR BREACH OF ANY OF THESE TERMS OF USE; (iii) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (iv) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (v) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICES; OR (vi) ANY ACTIVITY RELATED TO YOUR APPLE ID, GOOGLE ACCOUNT, MOBILE ACCOUNT, OR OTHER INTERNET ACCOUNT, OR USING YOUR TELEPHONE NUMBER, EMAIL ADDRESS, AND/OR PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT, APPLE ID, GOOGLE ACCOUNT, MOBILE ACCOUNT, OTHER INTERNET ACCOUNT, TELEPHONE NUMBER, EMAIL ADDRESS, AND/OR PASSWORD.IF HOUSEAMP, APPLE, OR GOOGLE DO TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, HOUSEAMP, APPLE, OR GOOGLE, AS THE CASE MAY BE, WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO HOUSEAMP, APPLE, OR GOOGLE.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL HOUSEAMP, , APPLE, OR GOOGLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICES OR THIRD PARTY PRODUCTS OR SERVICES, UNDER THESE TERMS OF USE OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICES, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OF REPUTATION, GOODWILL OR BUSINESS, EVEN IF HOUSEAMP, APPLE, AND GOOGLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. HOUSEAMP, APPLE, OR GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (i) ANY SUSPENSION OR DISRUPTION OF THE SERVICES, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM HOUSEAMP'S NEGLIGENCE, (ii) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (iii) UNAUTHORIZED ACCESS TO OR USE OF ANY SERVER MANAGED OR CONTROLLED BY HOUSEAMP OR ANY AND ALL INFORMATION STORED THEREIN, EXCEPT AS OTHERWISE PROVIDED BY LAW, (iv) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (v) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (vi) USER SUBMISSIONS, THIRD PARTY WEBSITES OR APPS, OR (vii) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY THIRD PARTIES OR ADVERTISERS, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOUSEAMP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. HOUSEAMP, APPLE, OR GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY, OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO KEEP YOUR CREDENTIALS SECURE OR FROM THE SHARING OF YOUR CREDENTIALS WITH ANY OTHER PERSON.
HOUSEAMP’S MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OF USE OR IN RELATION TO THE SERVICES WILL BE LIMITED TO ONE HUNDRED DOLLARS (US $100.00).
A party will not be in breach of these Terms of Use, nor liable for any failure or delay in performance of any of its obligations under these Terms of Use where such failure or delay arises from or is attributable to acts, events, omissions, or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disasters, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, terrorist attack, civil commotion or riots, industrial action or strike, power outages, or electronic or communication network breakdowns (each a “Force Majeure Event”). If a Force Majeure Event affecting the provision of the Services occurs, HouseAmp will use reasonable efforts to notify users through the Services or through HouseAmp’s Site or by email communication.
TERMINATION OF THE SERVICES
HouseAmp may terminate Your access to or use of the Services without notice, in the event You (i) breach these Terms of Use or (ii) misuse or challenge HouseAmp’s rights in the Content. HouseAmp may at any time, and in HouseAmp’s sole discretion, modify, suspend, or discontinue the Services, and such action by HouseAmp may adversely affect the use of the Services. HouseAmp shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services. HouseAmp shall use reasonable efforts to notify users of the cessation of the Services or any changes that would affect Your use of the Services. HouseAmp may give such notices through the Service or on its website or by email communications. If HouseAmp terminates Your access to or use of the Services if You breach these Terms of Use, You still will be obligated on any other contract or agreement You have with HouseAmp, such as a contract or agreement You have entered into for loan or financial product or service. You acknowledge that removing HouseAmp’s App from Your mobile phone does not automatically terminate Your rights to use the Services. You may, at any time, request termination of Your use of the Services through the service termination settings in HouseAmp’s Site or HouseAmp’s App.
Upon Your request that Your use of the Services be terminated:
(i) Your right to access and use the Services will immediately terminate; and
(ii) All of Your personal information is subject to deletion from the Services, provided that—
(a) Copies of Your data may remain stored for limited periods of time on backup media which will be cleansed from time to time;
(b) HouseAmp reserves the right to retain records of Your personal information on the Services if it is reasonably required to keep such records to (1) maintain or service any other account You have with HouseAmp, (2) for any legal purposes, including to comply with its legal or regulatory duties, (3) to investigate and respond to complaints (including from other users), (4) to enforce these Terms of Use or to defend itself against any claim or legal threat or allegations, or (5) if it requires to retain such data for other legitimate reasons; and
(c) HouseAmp will be entitled to retain any data in non-personal information form which may have been extracted or obtained from Your personal information including any aggregated, anonymized or otherwise de-personalized data.
LINKS TO AND FROM THE SERVICES
The Services may contain links to third-party websites and online services (such as apps) that are not owned or controlled by HouseAmp. HouseAmp has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. HouseAmp will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICES, YOU EXPRESSLY RELEASE HOUSEAMP, APPLE AND GOOGLE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, HouseAmp encourages You to be aware when You leave the Services, and You should read the terms and conditions that apply to other websites You visit.
ADVERTISEMENTS/RELEASE
HouseAmp takes no responsibility for advertisements or any third-party material transmitted through or posted on the Services, nor does it take any responsibility for the products or services provided by service providers with profiles or other Content accessible through the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Services are between You and the Advertiser, and You agree that HouseAmp is not liable for any loss or claim that You may have against an Advertiser.YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE HOUSEAMP, APPLE AND GOOGLE FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES.
ASSIGNMENT
Any rights and licenses granted to You under these Terms of Use may be transferred or assigned by You only with HouseAmp’s prior written consent. For any rights that HouseAmp may hold under any agreement as between HouseAmp and You, HouseAmp may assign its rights without restriction and without notice to You.
DISPUTE RESOLUTION, MANDATORY ARBITRATION AND CLASS ACTION WAIVER
These Terms of Use are governed by U.S. and Delaware law, without regard to conflict of law provisions. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded in their entirety from these Terms of Use. English shall be the governing language of these Terms of Use. The choice-of-law provision contained in the other agreement between You and HouseAmp (if any such agreement is in place) shall govern that other agreement. All claims and disputes, including all statutory claims and disputes, arising out of or relating to (i) these Terms of Use, (ii) Your use of the Services, or (iii) the other agreement between You and HouseAmp shall be finally resolved by binding arbitration on an individual basis, except that You and HouseAmp are not required to arbitrate any dispute in which either party seeks equitable relief for alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This means that, except for the equitable relief described in the previous sentence, neither HouseAmp nor You will sue in court before a judge or jury—for any type of claim or dispute whatsoever arising out of or relating to (w) these Terms of Use, (x) Your use of the Services, or (y) the other agreement between You and HouseAmp, unless You opt-out of arbitration as provided below. (z) HouseAmp and You also agree that no dispute subject to the terms of this Section will be resolved as a class. Instead, one neutral arbitrator will decide the dispute, and the arbitrator’s decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only for the individual claims between HouseAmp and You. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with its rules of practice and procedure (the “Rules”), except to the extent they conflict with these Terms of Use. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The AAA Consumer Arbitration Rules are available online at www.adr.org or by calling AAA at 1-800-778-7879. Any claims or disputes involving less than US $10,000 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the amount sought is US $10,000 or more, the right to an in-person oral hearing will be determined by the Rules. The arbitrator will be bound to follow applicable federal and state laws and regulations in deciding all issues and in rendering any award. HouseAmp and You will be entitled to invoke the rules of discovery applicable to state court proceedings. The arbitration proceedings will be conclusive and not appealable, and any party to any award rendered in any arbitration proceeding will be entitled to have judgment entered on that award. The number of arbitrators shall be one, selected in accordance with the Rules, and the language of the arbitration will be English. Unless non-appearance arbitration is elected, the arbitration will be held in any city located in the state of Washington, provided that, if You notify us in writing within 30 days after the initial notice of arbitration is delivered by a party, the arbitration may be held in Chicago, Illinois or Los Angeles, California. If non-appearance arbitration is elected, the arbitration will be conducted by phone, online, written submissions, or a combination of the three, at the election of the party, initiating arbitration, and the arbitration will not involve a personal appearance by parties or witnesses unless the parties mutually agree otherwise. Notwithstanding any contrary provisions in the Rules, each party shall bear its own costs and expenses of the arbitration and one-half (1/2) of the fees and costs for the arbitrator unless the arbitrator determines the fees and costs should be borne by one of the parties. The arbitrator may not award or assess punitive damages against either party.
HOUSEAMP AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED ONLY INDIVIDUALLY. Neither HouseAmp nor You will seek to have any dispute heard as a class action, a class-wide arbitration, a private attorney general action, or any other proceeding in which either of HouseAmp or You act(s) or propose(s) to act as a representative for others. HouseAmp and You also agree that no arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of HouseAmp, You, and every other party to that arbitration or proceeding. You may opt-out of the arbitration and class actions waiver set forth above by sending a written notice of Your decision to opt-out in accordance with this Section. If you do so, neither You nor HouseAmp can force the other to arbitrate. To opt-out, You must notify HouseAmp in writing no later than thirty (30) days after first becoming subject to these Terms of Use. Your notice must include your name and address, your username and the email address You used to set up Your account for the Services, and an unequivocal statement that You want to opt-out of this arbitration. Send Your notice to:
HOUSEAMP INC.
19689 7TH AVE NE, Ste. 178
POULSBO, WA
98370
In the event of a dispute between You and HouseAmp, to invoke Your opt-out right, You must retain a copy of Your opt-out notice, as well as proof of mailing of Your opt-out notice within the prescribed period (for example, within 30 days of the date You first downloaded HouseAmp’s).
If You elect to opt-out, each of You and HouseAmp irrevocably (i) consents to the exclusive jurisdiction and venue of the state and federal courts in the State of Delaware in connection with any matter arising out of this Agreement, (ii) waives any objection to such jurisdiction or venue, (iii) agrees not to commence any legal proceedings related hereto except in such courts, (iv) consents to and agrees to accept service of process to vest personal jurisdiction over it in any such courts and (v) waives any right to trial by jury in any action in connection with this Agreement
ANY LEGAL ACTION BROUGHT BY YOU AGAINST HOUSEAMP MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE ON WHICH SUCH LEGAL CLAIMS WOULD ORDINARILY ACCRUE UNDER THE APPLICABLE STATUTE OF LIMITATIONS OR SIMILAR TEMPORAL DEADLINE FOR COMMENCING A LEGAL ACTION.
This Section may be amended from time to time in accordance with the Section of these Terms of Use that provides rights relating to amendments. If you did not opt-out of mandatory arbitration as provided above, You may reject any change we make to this Section by sending us notice within thirty (30) days after first becoming subject to the amended Terms of Use. Send Your notice rejecting changes to this Section to: HouseAmp Inc., 19689 7th Ave. NE, Ste.178, Poulsbo, WA 98370.
In the event of a dispute between You and HouseAmp, to invoke Your right to apply an earlier version of this Section, You must retain a copy of Your rejection notice, as well as proof of mailing of Your rejection notice within the prescribed period. HouseAmp reserves the right to make additional amendments to this Section. If you wish to reject additional changes to this Section, You must notify us in accordance with this Section for each change in accordance with the terms hereof.
EXPORT CONTROL
Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the U.S. or the country in which You reside.
THIRD-PARTY BENEFICIARIES
YOU ACKNOWLEDGE THAT EACH OF HOUSEAMP IS AN INTENDED THIRD-PARTY BENEFICIARY OF YOUR RELEASES, WAIVERS AND COVENANTS GIVEN IN THIS AGREEMENT AND THAT APPLE AND GOOGLE ARE INTENDED THIRD PARTY BENEFICIARIES OF YOUR RELEASES, WAIVERS AND COVENANTS IN THE APPLE REQUIRED TERMS AND IN THE ADDITIONAL TERMS REQUIRED BY GOOGLE, INC., RESPECTIVELY. SUBJECT TO THE FOREGOING, NOTHING IN THIS AGREEMENT IS INTENDED TO CONFER ANY RIGHT, REMEDY, CAUSE OF ACTION, OR LIABILITY ON ANY PERSON OTHER THAN HOUSEAMP AND ITS SUCCESSORS AND ASSIGNS AND YOU.
GENERAL TERMS
These Terms of Use constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these Terms of Use by a representation other than those expressly set out in these Terms of Use. Except as expressly permitted under these Terms of Use, no modification, alteration, or waiver of any of the provisions of these Terms of Use will be effective unless in writing and signed on behalf of each of the parties. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and HouseAmp’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Nothing in these Terms of Use will create, or be deemed to create, a partnership or joint venture and will not be construed as giving rise to the relationship of principal and agent between the parties.
APPLE REQUIRED TERMS
1. Acknowledgment: HouseAmp and You acknowledge that the Terms of Use are concluded between HouseAmp and You only, and not with Apple, and HouseAmp, not Apple, is solely responsible for the Services and the content thereof.
2. Scope of License: The license granted to You for the Service is limited to a non-transferable license to use the Services on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Services.
3. Maintenance and Support: As between Apple and HouseAmp, HouseAmp is solely responsible for providing maintenance and support services, if any, with respect to the Services, as specified in the Terms of Use, or as required under applicable law. HouseAmp and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
4. Warranty: As between Apple and HouseAmp, HouseAmp is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the relevant App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be HouseAmp’s sole responsibility.
5. Product Claims: HouseAmp and You acknowledge that HouseAmp, not Apple, is responsible for addressing any claims by You or any third party relating to the Services or Your possession and/or use of that Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Intellectual Property Rights: HouseAmp and You acknowledge that, in the event of any third party claim that the Services or Your possession and use of the Services infringes that third party’s intellectual property rights, to the extent, a warranty of non-infringement is not validly disclaimed, HouseAmp, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a country or territory that is subject to a sanctions program (e.g., designated by OFAC); and (ii) You are not identified on any list prepared by the U.S. Government describing prohibited or restricted parties.
8. Developer Name and Address: HouseAmp may be contacted at in connection with any questions, complaints or claims with respect to the Services.
9. Third-Party Beneficiary: HouseAmp and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms of Use, and that, upon Your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against You as a third-party beneficiary thereof.
ADDITIONAL TERMS RELEVANT TO GOOGLE INC.
THESE TERMS OF USE CONSTITUTE A LICENSE AGREEMENT IN LIEU OF ANY LICENSE GRANT PROVIDED BY GOOGLE TO USE THE APPS ON A SUPPORTED DEVICE. A “SUPPORTED DEVICE” IS A COMBINATION OF A MOBILE DEVICE RUNNING ANDROID SOFTWARE AND AN ANDROID SOFTWARE VERSION(S) THAT IS SUPPORTED BY THE HOUSEAMP MOBILE APPLICATION. THESE TERMS OF USE ARE MADE BETWEEN YOU AND HOUSEAMP ONLY, AND NOT WITH GOOGLE. HOUSEAMP IS SOLELY RESPONSIBLE FOR THE HOUSEAMP APP.
THE GOOGLE PLAY MARKETPLACE IS OWNED AND OPERATED BY GOOGLE INC. YOUR USE OF GOOGLE PLAY IS GOVERNED BY A LEGAL AGREEMENT BETWEEN YOU AND GOOGLE CONSISTING OF THE GOOGLE TERMS OF SERVICE (FOUND AT HTTP://WWW.GOOGLE.COM/ACCOUNTS/TOS) AND THE GOOGLE PLAY TERMS OF SERVICE (FOUND AT HTTPS://PLAY.GOOGLE.COM/INTL/EN-US_US/ABOUT/PLAY-TERMS.HTML AND TOGETHER WITH THE GOOGLE TERMS OF SERVICE CALLED THE “TERMS”). THE GOOGLE PLAY TERMS OF SERVICE AND GOOGLE TERMS OF SERVICE SHALL TAKE PRECEDENCE IN THAT ORDER IN THE EVENT OF A CONFLICT BETWEEN THEM, TO THE EXTENT OF SUCH CONFLICT.
HOUSEAMP IS SOLELY RESPONSIBLE FOR PROVIDING, AND GOOGLE HAS NO OBLIGATION TO PROVIDE, MAINTENANCE AND SUPPORT FOR THE HOUSEAMP APP. SUPPORT REQUESTS, AS WELL AS QUESTIONS, COMPLAINTS, OR CLAIMS REGARDING THE HOUSEAMP APP, MAY BE DIRECTED TO HOUSEAMP SUPPORT. USERS MAY ALSO CONTACT US BY EMAIL AT INFO@HOUSEAMP.COM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE HOUSEAMP MOBILE APPLICATION, AND WILL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
GOOGLE SHALL NOT BE RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE HOUSEAMP APP OR YOUR POSSESSION AND/OR USE OF THE HOUSEAMP APP, INCLUDING BUT NOT LIMITED TO (I) PRODUCT LIABILITY CLAIMS, (II) ANY CLAIM THAT THE HOUSEAMP APP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, OR (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
GOOGLE SHALL NOT BE RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT OR DISCHARGE OF ANY CLAIM THAT THE HOUSEAMP APP OR YOUR POSSESSION AND USE THEREOF INFRINGES A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
YOU REPRESENT AND WARRANT THAT (I) THE SERVICE(S) WILL NOT BE DOWNLOADED OR USED IN, OR TRANSPORTED TO, A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO OR HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST-SUPPORTING” COUNTRY, AND (II) YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
FOR THE IMPROVEMENT OF GOOGLE PLAY, GOOGLE MAY COLLECT CERTAIN USAGE STATISTICS FROM GOOGLE PLAY AND YOUR SUPPORTED DEVICE, INCLUDING BUT NOT LIMITED TO, INFORMATION ON HOW GOOGLE PLAY AND YOUR SUPPORTED DEVICE ARE BEING USED. THE DATA COLLECTED IS EXAMINED IN THE AGGREGATE TO IMPROVE GOOGLE PLAY FOR USERS AND DEVELOPERS AND IS MAINTAINED IN ACCORDANCE WITH GOOGLE’S PRIVACY POLICY. WE CAN NEITHER CONTROL NOR ARE RESPONSIBLE FOR THE PRIVACY PRACTICES OF GOOGLE. TO ENSURE THE IMPROVEMENT OF THE HOUSEAMP MOBILE APPLICATION, LIMITED AGGREGATE DATA MAY BE AVAILABLE FROM GOOGLE TO HOUSEAMP UPON HOUSEAMP’S WRITTEN REQUEST.
REMOVAL OF HOUSEAMP APP. HOUSEAMP OR GOOGLE INC. MAY, AT ANY TIME AND WITHOUT NOTICE, RESTRICT, INTERRUPT OR PREVENT USE OF THE HOUSEAMP APP, OR DELETE THE HOUSEAMP APP FROM YOUR SUPPORTED DEVICE, WITHOUT ENTITLING YOU TO ANY REFUND, CREDIT OR OTHER COMPENSATION FROM HOUSEAMP OR ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, GOOGLE INC. OR YOUR NETWORK CONNECTIVITY PROVIDER).
This Terms of Use was last modified on February 1, 2024.
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